NOIDA: In a legal dispute involving a developer and YEIDA, the Allahabad High Court has appointed a commissioner to assess and confirm the status of a contentious group housing plot in Sector 26.
Justice Prakash Padia issued the order on Thursday, instructing advocate Gaurav Gautam to inspect the site on Monday (Sept 15) with support from the district magistrate, police commissioner, and YEIDA officials.
The commissioner is required to submit a report in a sealed envelope by Sept 18, when the case will be reviewed again. This decision follows conflicting assertions about SDS Housing having received physical possession of the site, which they were allocated in 2011 with a payment of over Rs 37 crore.
SDS Housing argued in court that despite making the payment, they never obtained actual possession of the land. They referenced a 2021 deputy collector’s report indicating that farming activities were ongoing on the plot due to incomplete compensation to farmers.
Conversely, YEIDA contended that possession was granted in December 2012, referring to a possession certificate included in their petition. They also claimed that the current petition was inadmissible, as another writ petition against its Sept 6, 2022 cancellation order for land allotment was already underway.
The High Court dismissed this objection, stating that the current case stemmed from a different issue—the rejection of SDS Housing’s statutory revision by the state government. “The petition is fully maintainable,” the judge noted.
In October 2024, the UP government validated YEIDA’s actions against the developer, confirming the cancellation of the Sector 26 plot allotment and demanding the recovery of dues exceeding hundreds of crores. This order was issued following SDS Housing’s appeal against YEIDA’s cancellation.
Records indicate that while SDS Housing initially deposited over Rs 37 crore and made some additional payments, substantial amounts remained unpaid despite multiple notices. As of March 2021, YEIDA assessed the developer’s total dues—including lease rent, premiums, interest, and other charges—at over Rs 200 crore. The government acknowledged ongoing agricultural use of the land but ruled that such disputes do not exonerate the developer from its contractual obligations.
